HOYLE v. STATE

No. 154-83.

672 S.W.2d 233 (1984)

Michael Wayne HOYLE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

July 3, 1984.


Attorney(s) appearing for the Case

Clyde F. DeWitt, III, Houston, John H. Weston, Beverly Hills, Cal., for appellant.

John B. Holmes, Jr., Dist. Atty., Timothy G. Taft, David Mitcham and Russell Lloyd, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.


OPINION ON COURT'S MOTION FOR REHEARING

TEAGUE, Judge.

All prior opinions in this cause are withdrawn.

On May 9, 1984, this Court handed down its decision in Shealy v. State, ___ S.W.2d ___ (Tex.Cr.App.1984), in which the defendant, a a store clerk, had been convicted of promoting obscenity by selling magazine which was alleged to be obscene to an undercover police officer. Therein, we stated the following:

If we were not clear before...

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